The fight over groundwater in Hays County has spilled into the Capitol.

Senate Bill 1440, which would bring a hotly contested portion of groundwater in Hays County under the jurisdiction of the Barton Springs Edwards Aquifer Conservation District, was heard in committee last week. That portion of groundwater is currently unregulated.

Electro Purification, a Houston-based company, initiated the project, which could pump up to 5.35 million gallons of water daily from the area. Many Hays County residents have voiced opposition to the project, and hydrologists have disagreed over the long-term effects the project could have on the Trinity Aquifer and nearby wells.

The bill was authored by Sen. Donna Campbell, R-New Braunfels, and coauthored by Sen. Judith Zaffirini, D-Laredo.

Jon Oliver, Campbell's senior advisor for policy and communications, said Sen. Charles Perry, chair of the Agriculture, Water and Rural Affairs Committee, wants questions relating to personal property rights answered before the bill moves out of committee.

"Sen. Campbell wants to protect property rights too, but she wants to make sure this bill does what it was written to do, which is protect groundwater in a white area that is completely unprotected right now," Oliver said.

If the legislation is signed into law, the Barton Springs/Edwards Aquifer Conservation District would be able to impose well construction standards, assess fees and require EP to go through the same permitting process as other nonexempt wells, BSEACD General Manager John Dupnik said.

"[The BSEACD] board recognizes the fact that it's important to include all areas with groundwater in a groundwater district," Dupnik said. "The only alternative is the rule of capture, which is really non-management."

During a presentation to Hays County Commissioners on March 31, Ed McCarthy, an EP representative, said the company is not opposed to regulation. McCarthy said that if the project is placed under regulation by BSEACD "we'll comply with the regulations."

Precinct 3 Commissioner Will Conley appeared skeptical of that statement at the March 31 meeting.

"Why are you shopping lobbyists all over the state? And most of them won't take your project at this point in time because of the controversy surrounding it," Conley said. "I'm sure you'll find some lowlife lobbyist at some point in time to pick this up. But how come y'all are shopping lobbyists across this state [if you're willing to comply with regulations]?"

Rep. Jason Isaac, R-Dripping Springs, and Rep. Eddie Rodriguez, D-Austin, authored the House version of SB 1440, known as HB 3405. That bill has passed through committee and is now awaiting scheduling for discussion on the House floor.

Terry Franks, Isaac's chief of staff, said the bill has been help up in the Calendars Committee, which is responsible for scheduling floor debates. Franks said if the bill does not make progress soon, "nothing is going to happen" this session.

"There is an invisible hand somewhere that is not letting it come to the House floor," he said. "The issue is not with the calendars committee. Which leads us to believe that there are some troubles in the leadership that are thwarting it."